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HomeMy WebLinkAbout1981-04-23April 23, 1981 Regular Meeting The Planning Board held a regular meeting on Monday evening, April 23, 1981 at 7:30 p.m. in the Town Office Heeting Room with the following members present and voting: Paul A. Hedstrom, Chairman; (arrived late) Michael P. Roberts, Vice-Chairman; john j. Burke; Vincent S, Turano~ and Erich W. Nitzsche. Town Planner Susan St, Pierre and Highway Surveyor William Cyr were also present. Vice-Chairman Roberts opened the meeting at 7:45 p.m. PLANS NOT REQUIRING APPROVAL (Form A's) Lou Kmiec - Riverview/Ashland Streets Mr. Kmiec present and stated that there are flaws in the G L. Chapter 40 in regards to a possible re-zoning. He purchased the property as I-S and the land is up for re-zoning at Town Meeting. The lot is non-conforming as existing. He wants to protect his use change for three years. HOTION: by Hr. Nitzsche that the plan of land located in North Andover, Mass. prepared for Lou Kmiec dated April 16, 1981 be approved unUer Subdivision Control Law Not Required. SECOND: by Mr. Burke VOTE : Unanimous motion carries. Currier - Prescott Street Attorney Eaton present. The plan does not meet the zoning re- quirements - land is to be conveyed. He. presented a copy of a decision from the Board of ~ppeals - Lots A and B are owned by P. Currier. Mrs. Currier is selling the lot and conveying Lot A to Albert. The new boundary line separates Lot A from Lot B. MOTION: by Mr. Burke that the plan of land in North Andover prepared for P. Currier and dated January 26, 1981 be approved under Subdivision Control Law Not Required. SECOND: by Mr. Nitzsche VOTE : Unanimous - motion carries. April 23, 1981 -2~ Regular Meeting PUBLIC HEARINGS - Articles for 1981 Town Meeting Scott Follansbee - Re-zone Chickerin~ Road - R-5 to GB The Clerk read the legal notice. Attorney Reginard Marden was present, representing Scott Follansbee, the petitioner. The parcel is currently in one ownership. The sections zoned R-5 and GB are shown on the plan and the zoning line runs between them. The plan shows what can be done with the parcel if both the GB and R5 are developed together. A 20,000 s.f. building can be built on the GB part, but it would be better to combine the two parcels. It would provide for a more valuable building and generate more taxes. There are apartments to the rear of the parcel (Meadowview) and the R-5 parcel could be used for apartments or townhouses, but again, better to combine into one lot. Atty. Marden does not feel that there will be a detriment to town service. Note: Chairman Hed~t. rom ~rrived here., Comments from audie~'ce: Lou Kmiec asked - "Why not B1, B2, or B3 instead of GB?" Atty. Marden replied - "To re-zone the smaller piece or the two pieces together might be spot zoning and would not be approved by the Attorney General. Also, the height requirements of B1 or B2 would limit the uses. The land abuts a GB zone." Member Turano expressed concern with the broad nature of GB, especially with the high school so close. Atty. Marden feels that the type of use the petitioner wants is less likely to create confestion and traffic. MOTION: by )lr. Roberts that the Planning Board recommend favorable action on the proposed re-zoning by Scott Follansbee. SECOND: by Mr. Nitzsche VOTE : In favor - 3 - Burke, Roberts, Nitzsche Opposed i Turano Motion carries. David Rennie Re-zone Chickering Road (Florist) The clerk read the legal notice. Extend B1 April 23, 1981 -$- Regular Meeting Rennie - continued David Rennie and Don Boyle were present. They presented a plan showing the existing port!on currently zoned B! and explained what they propose to do with it. They showed where they would like to extend the B! zone. It would make for a better parking situation with better flow and a place to put their seasonal business. Also pointed out was the fact that Mrs. Rennin, David's mother, lives in the house on the property. Mr. Boyle added that the Trustees of Reservations have no objection. No one spoke in favor or opposition to the proposal. MOTION: by Mr. Roberts that the Planning Board recommend favorable action for Mr. Rennie's petition to re-zOne. SECOND: by Mr. Turano VOTE : Unanimous - motion carries. John Lon~veil - add to Zonin9 BS Law definition of Public Sanitary. Landfill The clerk read the legal notice. Mr. Lonqveil was present. He stated that the land fill site has been prepared without state or local by-laws governing what can and cannot be put on the site. He presented a list from the Highway Surveyor of material that has been approved by the State and the Highway Surveyor and agreed upon by the Land Fill Committee and incorporated it into his petition. He feels that this will limit what materials can be placed on the landfill site. He also presented a list of materials on the land site, some of which are not on the petition, He will ask to amend the article to include: garden waste, materials to be re-cycled, He feels that there is no protection on the part of the town. Mr. Cyr spoke in opposition. He presented a conceptual plan (map). Mr. Cyr feels that the original intent of the site (approximately 100 acres) was to accomodate waste generated within the community that would not be acceptable at the Resource Recovery Plant. A committee studied areas throughout the town and decided that this was the best site to develop for landfill purposes. The intent is to dispose of any and all approved items that would be approved by the State as not being hazardous to the environment or ground waters in the area. Cyr does not think this proposal is necessary. He feels it is locking the town in. He also feels that Mr. Longveil left out: wood, brush, glass, pine needles, rakings, ashes, cellitecs, tile, masonite - and if we lock it in with zoning, it is no good - we need flexibility. April 23, i981 ~4~ Regular Meeting Lon~veil - continued Mr. Cyr asked for the chance to get it off the ground and if problems develop later, they will be looked into. He further stated that there has been some discussion about the State taking the site for back-up, but he doesn't think it will happen. Nelson Parker, Campbell Road, asked "What is the objection to adding another item at a later Town Meeting?" Susan St. Pierre replied - "You would have to wait a whole year!" Packer stated that other towns have had problems because they. did not restrict what could go in and used Woburn as an example. Mr. Longveil replied that the State has no Rules and Regulations for a modified land-fill and the town has no zoning by law to cover it. Frank Gelinas added - "Everyone in town is concerned about the safeguards of the land and there needs to be a vehicle to protect the interests of the people. There presently exists a set of laws governing land fills under the health laws. I have trouble figuring out why the Zoning By Law is being mentioned here." John Graham, Chairman of the Board of Selectmen informed the Planning Board that the Landfill Committee voted to support Mr. Longveil's article as amended. Mr. Michael Schena added-~"Any time a proposal is put forth about 'control' the town always says 'no' I have no faith in the State. We spent $40,000 at the last landfill and did what they (the State) said, and now we can only use a portion of it" Paul Betere, Forest Street "There does not seem to be any guidelines in the State. You need some control that is enforceable" Mr. Cyr - "I don't think we have a problem as far as restricting permissable items". Charles Salisbury, Member, Board of Selectmen - "The Selectmen a= have been looking at this for years and we have supported Mr. Longveil's suggestion, but we are opposed to putting it in the Zoning By Law: 1) You can go to the DEQE; 2) The Board of Health should have the control and they can change the list by a vote of the Board" MOTION: by Mr. Roberts that the Planning Board make an unfavorable recommendation on the proposed article at Town Meeting with the notation that the Board agrees with the idea and restrictions, but it is not a ZBL vehicle. SECOND; by Mr. Burke April 23, 1981 -5- Regular meeting Lo.ngveil - continued DISCUSSION: The Town Planner suggested that a member of the Planning Board get involved on the Committee. VOTE: In favor: 3 (Roberts, Burke, Nitzsche) Opposed : i (Turano) MOTION CARRIES COMMERCE PARK - DECISION PRELIMINARY PLAN MOTION: by Mr. Burke to approve the Preliminary Subdivision Plan entitled COMMERCE PARK OF NORTH ANDOVER BY JOHN CALLAHAN AND ASSOCIATED AND DATED FEBRUARY 11, 1981 with the following conditions: As per the Board of Health letter dated April 6~ 1981, results of percolation tests and soil survey tests shall be shown on the plan. Percolation and soil surveys shall be conducted on all lots prior to Board of Health approval. 2. As per the Fire Department's letter, two triple outlet hydrants shall be installed on the proposed road. As per the Board of Public Works letter dated March 27, 1981, existing and proposed water mains and serVices shall be shown on the plan. 4. In accordance with the Highway Surveyor's letter dated April 6, 1981: a) Road width shall be 30 feet with 4 foot graveled shoulders. b) Hottop thickness shall be 3" binder and 2" finish coat. c) The proposed cul-de-sac shall be extended to the end of Lot 3. Approval from the Mass. D.P.W. regarding curb cut and drainage. A permit to enter the State Drainage System accompanied by supporting drainage calculations must be submitted at the time of the Definitive Subdivision submission to the Planning Board. The Definitive Subdivision Plan shall be accompanied by drainage calculations regarding the cul-de-sac drainage and any retention area· The Definitive Subdivision Topographic plans must include a proposed site grading plan. Drainage cal- culations will reflect pavement, building, and green areas, April 22, 1981 -6- Regular meeting COM)IERCE PARK - continued Note: The developer should be aware of the fact that although the drainage system is required by the Planning Board's regulation, approval of such subdivision will not relieve him of responsibility to other property owners upon whose land he discharges water, directly or indirectly. SECOND: by tlr. Roberts VOTE : Unanimous in favor of the motion. LAKESIDE (Foxhill Road) - Bond Release Member Turano abstained Letters from John Tuttle and Highway Surveyor read. MOTION: SECOND: VOTE : by Mr. Roberts that the Plannign Board re)ease $8,000.00 per the Highway Surveyor's recommendation. by Mr. Burke Unanimous in favor of the motion PRESCOTT VILLAGE --Bond Release Member Turano abstained. Letters from John Turtle and the Highway Surveyor were read. MOTION: SECOND: VOTE : by Hr. Reberts that no monies be released. by Hr. Burke Unanimous in favor of the motion. ROCKY RIDGE (Monteiro Way) Bond Release MOTION: SECOND: VOTE : by Mr. Burke to release $5,000.00 by Mr, Roberts Unanimous in favor of the motion. GILMAN LANE Member Turano abstained. April 23, 1981 -7- Regular meeting GILHAN LANE continued Mr. Pat Cone present. Discussion about the Planning Board never receiving a reply from Town Counsel about a public hearing, Mr. Hedstrom does not want to sign the covenant wants a reply from Town Counsel. MOTION: by )lt. Roberts to accept the covenant as submitted by Packard Medical Pharmacy, Inc.. SECOND: by Mr. Burke Motion and second withdrawn. MOTION: by Mr. Roberts to authorize the Chairman of the Planni'ng 'Board to approve and sign the covenant pending Town Counsel's recommendation. Motion withdrawn. MOTION: by Mr. Roberts to accept the covenant subject to Town Counsel's opinion on the status of the subdivision. SECOND; by Mr. Burke Motion carries unanimously. RECOMMENDATIONS TO TOWN MEETING McPhee, Harold - Brown's Court - new plan submitted. MOTION: by Mr. Roberts that the Planning Board recommend favorable action at Town Meeting. SECOND: by Hr. Nitzsche Discussion about "spot zoning" and Town Planner St. Pierre noted that the parcel abuts "R" Motion carries unanimously. Gordon, James Turnpike Street MOTION: by Mr. Roberts that the Planning Board recommend favorable action at Town Meeting. SECOND: by Mr. Burke VOTE : In favor 3 - Roberts, Burke, Nitzsche Opposed - 1 Turano April 23, 1981 -8- Regular Meeting Connol~y, Dennis Turnpike Street MOTION: by Mr. Turano that the Planning Board recommend favorable action at Town Meeting. SECOND: by Mr. Nitzsche VOTE : In favor 2 - Burke, Roberts Opposed - 2 - Turano, Nitzsche, Hedstrom Motion fails - Planning Board will recommend unfavorable action. Giles, C. Lincoln, So. Bradford St. MOTION: by Mr. Turano to recommend favorable action at Town Meeting. SECOND: by Mr, Burke VOTE : In favor - 1 - Turano Opposed - 3-- Roberts, Burke, Nitzsche Motion fails - Planning Board will recommend unfavorable action. The meeting adjourned at 10:30 p.m. Jean E. White, Secretary